A. 
In accordance with § 200-11, Schedule of Use Regulations,[1] prior to the issuance of a building permit or certificate of occupancy, the Zoning Enforcement Officer shall require the preparation and approval of a site plan for the proposed use or changes in use of land, buildings and other structures for the following:
(1) 
Residential districts: all special use permits cited as "Type B" on Table A of § 200-11 of this chapter.
(2) 
Other districts: all permitted principal uses in the Highway Business Zoning District; in addition, all special use permits in the Highway Business Zone cited as "Type B" on Table A of § 200-11 of this chapter.
[Amended 8-13-2007 by L.L. No. 6-2007]
(3) 
Nonconforming uses in all zoning districts.
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
B. 
The purpose of this Article is to ensure that the site plan, architectural plans, location and dimension of buildings, parking and other siting criteria shall be of such character as to harmonize with the neighborhood; to accomplish a transition in character of uses between areas of unsimilar character; to reduce the potential for strip development; to protect property values; to preserve and enhance the appearance and natural beauty of the Town; and to avoid an adverse impact on adjacent properties and land uses.
C. 
The Zoning Enforcement Officer shall refer the applicant to the Planning Board for site plan review and approval in accordance with § 274-a of the Town Law and the more specific design standards and review procedures set forth in this section of this chapter.
A. 
Sketch plan conference. A sketch plan conference between the Planning Board and applicant shall be held to initially review the basic site design concept and generally determine the extent of site plan review necessary for the intended project and the information to be required on the site plan and in accompanying reports. At the sketch plan conference, the applicant shall provide a written statement and/or rough sketch describing what is proposed, including indication of all existing structures and uses, if any, on the site.
B. 
Application for site plan approval. Upon completion of the sketch plan conference, the applicant shall submit a complete application for site plan approval, which shall be made, in writing, to the Planning Board. The site plan application shall be accompanied by not less than six prints of a site plan which includes information drawn from the following checklist of items, as determined necessary by the Planning Board at the time of the sketch plan conference and which is provided on a drawing certified by appropriate licensed professionals, in compliance with professional licensing regulations administered by the New York State Education Department:
(1) 
Site plan checklist:
(a) 
Title of drawing, including the name and address of applicant and person(s) responsible for preparation of such drawings, and a signature block for the Planning Board's endorsement of approval of the site plan.
(b) 
North arrow, scale and date, with the scale to be not less than one inch equals 50 feet.
(c) 
An area map keyed to the real property tax maps showing the parcel under consideration for site plan review, and all properties, subdivisions, streets and easements within 200 feet of the boundaries thereof.
(d) 
Accurate boundaries of the property plotted to scale, including reference to specific data source.
(e) 
Names of all owners of record of lands adjacent to or directly opposite the applicant's property.
(f) 
The location of structures, uses and facilities on adjacent properties within 100 feet of the subject property line.
(g) 
Existing watercourses, wetlands and floodplains, including reference to specific data source.
(h) 
The location and boundaries of pertinent natural features that may influence the design of the proposed use, such as watercourses, wetlands, one-hundred-year floodplains, soil types, rock outcrops, existing vegetative cover and single trees eight or more inches in diameter which may be located within that portion of the site prepared for development. Specific data sources shown shall be cited.
(i) 
Grading and drainage plans showing existing and proposed contours with two-foot contour intervals and soils data generally required on that portion of the site proposed for development where general site grades exceed 5% or there may be susceptibility to erosion, flooding or ponding. A calculation of the extent of cut and fill shall complement the grading plan and, when requested by the Planning Board, shall also include an erosion and sedimentation control plan.
(j) 
Location, dimension, proposed use and height of all buildings, both existing and proposed.
(k) 
Location and dimension of all signs, both existing and proposed.
(l) 
Location, design and construction materials of all parking and truck-loading areas, including their access and egress drives and clear indication of all traffic patterns on site.
(m) 
Provision for pedestrian access.
(n) 
Location of outdoor storage for equipment and materials, if any, and the location, type and design of all solid waste-related facilities, including dumpsters and recycling bins.
(o) 
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(p) 
Description of the method of sewage disposal and location, design and construction materials of such facilities.
(q) 
Description of the method of securing water supply and location, design and construction materials of such facilities.
(r) 
Location of fire and other emergency zones, including the location of fire hydrants or of the nearest alternative water supply for fire emergencies.
(s) 
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
(t) 
Location, size, design and construction materials of all proposed signage, including associated lighting, if any.
(u) 
Location and proposed development of all buffer areas, including indication of both existing vegetative cover and that portion that will be preserved.
(v) 
Location and design of outdoor lighting facilities, including data regarding, when appropriate, lighting levels, both within the site and at the site's boundaries, if adjacent to residential development.
(w) 
Designation of the amount of building area proposed for retail sales, office use or similar commercial activity, including information regarding proposed division of buildings into smaller units for separate occupancy or tenancy, with such information to be in sufficient detail to permit minimum off-street parking and other zoning requirements to be calculated and Building Code compliance to be documented.
(x) 
Detailed landscaping plan and planting schedule, including the number, size, type and location of all trees, shrubs and ground cover to be planted.
(y) 
Building elevations and sections at a scale sufficient to delineate clearly the structural massing and the exterior materials, textures and colors of all buildings and other structures shown on the site plan.
(z) 
Other elements integral to the proposed development as considered necessary by the Planning Board, and as may be reasonably related to the requirements of this chapter and § 274-a of the Town Law, including a proposed development schedule and the identification of any state or County permits required for the project's completion.
(2) 
Required fee. A complete application for site plan review and approval shall include the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board.[1]
[1]
Editor's Note: See Ch. A208, Fees.
(3) 
Environmental assessment form. A complete application for site plan review and approval shall also include a short or full Environmental Assessment Form as required by SEQR, Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
Upon receipt of a complete application, the Planning Board chairperson shall review the application for site plan and determine whether the Planning Board needs to meet to discuss the application prior to the official public hearing. The Planning Board's review of a site plan application shall include, as appropriate, but is not limited to, the following:
A. 
General considerations.
(1) 
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers, channelization structures and other traffic controls.
(2) 
Adequacy and arrangement of pedestrian traffic access and circulation, walkways, control of intersections with vehicular traffic and overall pedestrian convenience.
(3) 
Location, arrangement, appearance and sufficiency of off-street parking and loading facilities.
(4) 
Location, arrangement, size, design and general site compatibility of principal and accessory buildings, lighting and signage.
(5) 
Adequacy of stormwater and drainage facilities.
(6) 
Adequacy of water supply and sewage disposal facilities.
(7) 
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise-deterring buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(8) 
In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
(9) 
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
(10) 
Adequacy of fire lanes and other emergency zones and water supply for fire emergencies.
(11) 
Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion or in the vicinity of wetlands or similar natural features.
(12) 
Compatibility of building design with existing characteristics of the neighborhood.
B. 
Consultant review. In its review, the Planning Board may consult with the Town Zoning Enforcement Officer and/or Building Inspector, the Superintendent of Highways, the Conservation Advisory Council, other local and County officials and its designated private planning and engineering consultants, in addition to representatives of state agencies including, but not limited to, the State Department of Transportation, the State Health Department and the Department of Environmental Conservation.
C. 
Public hearing and notice.
[Amended 4-22-1996 by L.L. No. 1-1996]
(1) 
The Planning Board shall conduct a public hearing on the application for site plan approval. The public hearing shall be conducted within 62 calendar days of the receipt of the complete application, unless an extension on the time frame is mutually agreed to by the applicant and the Planning Board. The Board shall provide notice by certified mail, return receipt requested, of the public hearing to:
(a) 
The applicant, at which hearing the applicant shall appear in person or by agent.
(b) 
The official Town newspaper for publication of the notice therein at least five days prior to the public hearing.
(c) 
All property owners within 200 feet of the property line of applicant's property.
(2) 
All costs incurred for publication and mailing of notices for the public hearing shall be paid by the applicant.
D. 
Required referral. Prior to the public hearing on the site plan, the Planning Board shall refer the site plan, when applicable, to the Dutchess County Department of Planning for advisory review in accordance with Article X of this chapter.
E. 
Reimbursable costs. Reimbursable costs incurred by the Planning Board for private consultation fees or other extraordinary expenses associated with the review of a site plan application shall be charged to the applicant. Such reimbursable costs shall be in addition to the required application fee. Maximum amounts shall be in accordance with the fee schedule established and annually reviewed by the Town Board. In no event shall the Planning Board incur any expense for consultants without the expressed consent of the Town Board.
The SEQR review process must be completed for the site plan application before the Planning Board can make a final decision. Within 45 days of the completion of a public hearing, unless an extension of the time frame is agreed to by the applicant and the Board, the Planning Board shall act on the site plan application.
A. 
Action by resolution.
(1) 
The Planning Board shall act by resolution to either approve, disapprove or approve with modifications the site plan application. A copy of the resolution shall be filed in the Town Clerk's office and mailed to the applicant within 10 calendar days of the Planning Board's action. A resolution of either approval or approval with modifications shall include authorization to the Planning Board Chairperson to stamp and sign the site plan upon the applicant's compliance with the submission requirements stated therein.
(2) 
If the Planning Board's resolution includes a requirement that modifications be incorporated in the site plan, conformance with said modifications shall be considered a condition of approval. If the site plan is disapproved, the Planning Board's resolution shall state specific reasons for such decision. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.
B. 
Submission requirements for stamping. After receiving site plan approval, with or without modifications, from the Planning Board, the applicant shall within three calendar months submit six prints and one reproducible Mylar of the site plan to the Planning Board for stamping and signature by the Chairperson. The site plan submitted for stamping shall conform strictly to the site plan approved by the Planning Board, except that it shall further incorporate any revisions or other modifications required by the Planning Board, and shall be accompanied by the following additional information:
(1) 
Record of application for and approval status of all necessary permits from federal, state and County officials and agencies.
(2) 
Detailed sizing and final material specification of all required improvements.
(3) 
An estimated project construction schedule and, if a performance guaranty is to be provided by the applicant for all or some portion of the work, a detailed cost estimate for the installation and inspection of site improvements.
C. 
Effect of stamping by planning board. Upon stamping and signature by the Chairperson, the Planning Board shall forward a copy of the approved site plan to the Board's Secretary for filing with the other application materials, the Zoning Enforcement Officer, Building Inspector and the applicant. The Zoning Enforcement Officer may then issue a building permit or certificate of occupancy if the project conforms to all other application requirements, including the applicant's presentation of documentation that all necessary permits and approvals from federal, state and County officials and agencies have been issued.
D. 
Expiration of approval.
(1) 
The Planning Board's approval of a site plan shall expire if either of the following circumstances occurs:
(a) 
The site plan is not submitted for stamping and signature by the chairperson within three calendar months of the Planning Board's resolution of site plan approval, with or without modifications; unless an extension of the time frame is granted by the Planning Board.
(b) 
A complete application for either a building permit or certificate of occupancy is not submitted to the Zoning Enforcement Officer and/or Building Inspector, as applicable, within six calendar months of the stamping and signing of the site plan by the Chairperson.
(2) 
Unless otherwise specified herein, upon written request to the Planning Board, the time period for either submission of the site plan or submission of the complete application for a building permit or certificate of occupancy may be individually extended for a maximum period of six calendar months from its otherwise specified termination dates, provided that the applicant demonstrates to the Planning Board that it has acted in good faith and with due diligence.
[Amended 6-11-2003 by L.L. No. 1-2003]
E. 
Performance guaranty. No certificate of occupancy shall be issued until all improvements shown on the approved site plan are installed or a sufficient performance guaranty has been posted for improvements not yet completed. Such performance guaranty shall be posted in accordance with the procedures specified within § 277 of the Town Law relating to the subdivision of land. The amount and sufficiency of such performance guaranty shall be determined by the Town Board after consultation with the Planning Board.
F. 
Inspection of improvements. The Zoning Enforcement Officer/Building Inspector shall be responsible for the overall inspection of site improvements, including coordination with the designated Town Engineer and other local officials and agencies, as may be appropriate on multiple dwelling, institutional, commercial and light industrial projects. The Town Board is hereby empowered to establish a fee schedule covering any expenses incurred by the Town of Milan for inspections by the designated Town Engineer, or other appropriate professionals, to be reimbursed by the applicant.
G. 
All plant material used to landscape as part of a site plan is to be maintained at all times in a living and growing condition.
[Added 6-11-2003 by L.L. No. 1-2003]
(1) 
Landscaping shall be installed with adequate precautious to ensure survival, as shown on the approved landscape plan, prior to issuance of a certificate of occupancy for the building or use.
(a) 
Landowners shall be responsible for proper maintenance and care of all landscape treatments approved by the Planning Board. The Town's Code Enforcement Officer is authorized to inspect periodically all landscape treatments, including screening, as approved buy the Planning Board or to investigate complaints made by any official or private citizen concerning the maintenance of such landscape treatments. If completion of required landscape work is not practical due to seasonal or weather conditions, the applicant shall submit assurances to the Town Building Inspector for the completion of landscaping. The acceptable assurance guaranteeing the completion of landscaping shall be an irrevocable letter of credit, certified check, performance bond, or other acceptable assurance, equal to due cost of the landscaping work, accompanied by written assurance that such landscaping shall be completed in accordance with an approved site plan within a specified period of time, not exceeding six months from the date of occupancy.
(b) 
Required landscaping shall be maintained in a healthy, growing condition at all times. The property owner or lessee is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, and other maintenance of all planting as needed. Any plant that dies shall be replaced with another living plant that complies with the approved site within 90 days, or as soon as practical given weather conditions, after notification by the Town Building Inspector.
(c) 
A three-year maintenance bond shall be provided to ensure successful planting.